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ClientEarth Communications

10th October 2014

Rule of law
Access to Justice for a Greener Europe
EU

Review of the EIB transparency policy

The EIB is reviewing its transparency policy and unfortunately has not taken this opportunity to increase transparency within its decision-making process. On the contrary, it has created new exceptions to the right of access to information which will allow it to take even more decisions behind closed doors. The Bank is also an EU body subject to the same laws than any other EU institutions and is therefore under the obligation to act as transparently and as closely to the citizens as possible in accordance with the EU treaties.

We have some concerns about some of the proposals made in the draft which tend to restrict the scope of the right of access to information. We also regret that the Bank has not taken the opportunity of this revision to amend some of the policy provisions that are way too vague to have any legal meaning and leave too much discretion to the Bank to decide on the disclosure of information. This lack of clarity prevents external stakeholders from having any legal certainty about the applicable rules on transparency. Other provisions are not in line with the applicable legal framework enshrined in Regulation 1049/2001, Regulation 1367/2006 and Article 4 and 5 of the Aarhus Convention.

Read ClientEarth's review of the EIB transparency policy